Opposition Day [10th allotted day],It being an allotted day at the disposal of the Leader of the Opposition in pursuance of Standing Order No. 14 (Arrangement of public business), the House proceeded to consider Opposition business.

Asylum: Bilateral Agreement with France,A Motion was made, and the Question being proposed, That this House deplores the failure of the Government over the past four years to negotiate with the Government of France on the re-application of the bilateral agreement on immigration to the case of asylum seekers; and calls on the Government to ensure a more equitable distribution within the EU of the responsibility for assessing and meeting the claims of potential refugees(Mr Oliver Letwin);

An Amendment was proposed to the Question, in line 2, to leave out from the word House' to the end of the Question and add the words notes that co-operation with France on immigration and asylum issues is greater now than it has ever been; recognises that there has been an overall drop from 13,527 in 2000 to 10,927 in 2001, a drop of almost 20 per cent., in the number of people crossing illegally to the UK from France; further notes that bilateral co-operation continues to address the problem of asylum seekers in Northern France, that the French have made significant investment in police reinforcements in the region and judicial action has been taken against human traffickers and that, as a result of the imposition of the civil penalty, the number of clandestine entrants was reduced by 27 per cent. in 2001; and further notes that the previous Conservative Government left the asylum system in complete disarray, with local authorities left to pick up the pieces', instead thereof.(Mr Secretary Blunkett.)

And the Question being put, That the original words stand part of the Question;

The House divided.

Tellers for the Ayes, Mrs Cheryl Gillan, Mr John Randall: 138.

Tellers for the Noes, Mr Ivor Caplin, Mr Gerry Sutcliffe: 325.

So the Question was negatived.

And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments):It was agreed to.

The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.

Resolved, That this House notes that co-operation with France on immigration and asylum issues is greater now than it has ever been; recognises that there has been an overall drop from 13,527 in 2000 to 10,927 in 2001, a drop of almost 20 per cent., in the number of people crossing illegally to the UK from France; further notes that bilateral co-operation continues to address the problem of asylum seekers in Northern France, that the French have made significant investment in police reinforcements in the region and judicial action has been taken against human traffickers and that, as a result of the imposition of the civil penalty, the number of clandestine entrants was reduced by 27 per cent. in 2001; and further notes that the previous Conservative Government left the asylum system in complete disarray, with local authorities left to pick up the pieces.

The Government's Pension Plans and Means-tested Benefits,A Motion was made, and the Question being proposed, That this House welcomes the Government's stated aim of increasing from 40 per cent. to 60 per cent. the proportion of pensioners' incomes which comes from the private sector, but notes with concern that the trend is in the opposite direction; deplores the regulatory burdens now placed on pension providers; condemns the Government for its failure to reform annuities; regrets the low level of saving and the decline of funded pensions; recognises that this poses a significant threat to the incomes of pensioners in the future; and further regrets that the Government's response is to increase the number of pensioners dependent on means-tested benefits(Mr David Willetts);

An Amendment was proposed to the Question, in line 2, to leave out from the word House' to the end of the Question and add the words welcomes the Government's framework for pensions which will reduce pensioner poverty and encourage saving; further welcomes the fact that pension savings are now at record levels and the increased choice given by stakeholder pensions; further welcomes the Government's decision to set up the Pickering review; and congratulates the Government on the extra £6 billion paid to pensioners from April and its intention to bring in the Pension Credit which will increase the incomes of around half of all pensioners', instead thereof.(Mr Secretary Darling.)

And the Question being put, That the original words stand part of the Question;

The House divided.

Tellers for the Ayes, Mr John Randall, Mr Julian Brazier: 175.

Tellers for the Noes, Mr Tony McNulty, Mr Phil Woolas: 296.

So the Question was negatived.

And the Question, That the proposed words be there added, being put forthwith, pursuant to Standing Order No. 31 (Questions on amendments);

The House divided.

Tellers for the Ayes, Mr Tony McNulty, Mr Phil Woolas: 290.

Tellers for the Noes, Mr John Randall, Mr Julian Brazier: 174.

So the Question was agreed to.

The Deputy Speaker forthwith declared the Main Question, as amended, to be agreed to.

Resolved, That this House welcomes the Government's framework for pensions which will reduce pensioner poverty and encourage saving; further welcomes the fact that pension savings are now at record levels and the increased choice given by stakeholder pensions; further welcomes the Government's decision to set up the Pickering review; and congratulates the Government on the extra £6 billion paid to pensioners from April and its intention to bring in the Pension Credit which will increase the incomes of around half of all pensioners.

2

Civil Aviation,A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Air Navigation (Environmental Standards) Order 2002, which was laid before this House on 17th January, be approved(Mr Nick Ainger):It was agreed to.

3

Adjournment,A Motion was made, and the Question being proposed, That this House do now adjourn(Mr Nick Ainger);

And the Motion having been made after Ten o'clock, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House, without Question put, pursuant to the Standing Order, it being then two minutes to Eleven o'clock, till to-morrow.

Universities of Oxford and Cambridge,Statute, dated 8th October 2001, made by the Governing Body of Christ Church, Oxford, amending the Statutes of the College [by Act] [Mr Robin Cook].

Other Papers:

5

Legal Aid, Advice and Assistance,Report of the Law Society of Northern Ireland on Legal Aid in Northern Ireland in 200001, with the Report of the Lord Chancellor's Advisory Committee on Legal Aid in Northern Ireland thereon [by Statutory Instrument]; to be printed [No. 524] [Mr Michael Wills].

6

National Audit,Report by the Comptroller and Auditor General on Delivering the Commercialisation of Public Sector Science [by Act]; to be printed [No. 580] [Clerk of the House].

7

Public Petitions,Observations by the Minister of State for Education and Skills on the Petition [12th December] from Margaret Edgington of Colchester, schoolteachers, parents and others for measures to facilitate the Foundation Stage of the National Curriculum [by Standing Order]; to be printed [Clerk of the House].

Draft Industrial Training Levy (Construction Board) Order 2002 and the draft Industrial Training Levy (Engineering Construction Board) Order 2002,The Committee of Selection has discharged Mr David Lepper and Mr Alan Simpson from the Third Standing Committee on Delegated Legislation (nominated in respect of the draft Orders); and nominated in substitution Julia Drown and Mr Mark Hendrick.

APPENDIX III

Reports from Select Committees

1

Human Rights,Eleventh Report from the Joint Committee on Human Rights [Proceeds of Crime Bill: Further Report], together with Appendices; to be printed, with the Minutes of Proceedings relating to the Report [No. 596] [Jean Corston].

2

International Development,(1) Part of the Minutes of Evidence taken before the International Development Committee on 22nd January [The Effectiveness of the Reforms of European Development Assistance]; to be printed [Nos. 417-iii and -iv]; and

(2) Minutes of Evidence taken before the Committee [The Effectiveness of the Reforms of European Development Assistance]; to be printed [No. 417-v]

[Tony Baldry].

3

Public Accounts,Minutes of Evidence taken before the Committee of Public Accounts [Fraud and Error in Income Support]; to be printed [No. 595-i] [Mr Edward Leigh].

4

Trade and Industry,Minutes of Evidence taken before the Trade and Industry Committee [Productivity and Competitiveness of UK Manufacturing Industry]; to be printed [No. 597-i] [Mr Martin O'Neill].

[No. 95.]

Tuesday 5th February 2002.

The House met at half-past Two o'clock.

PRAYERS.

1

Deregulation and Regulatory Reform,Mr Peter Pike reported from the Deregulation and Regulatory Reform Committee the following Resolutions:

That the draft Deregulation (Restaurant Licensing Hours) Order 2002, which was laid before this House on 24th January 2002, should be approved.

That the draft Deregulation (Bingo and Other Gaming) Order 2002, which was laid before this House on 28th January 2002, should be approved.

The Committee came to these Resolutions without a Division.

That the proposal for the Regulatory Reform (Golden Jubilee Licensing) Order 2002, which was laid before this House on 28th November 2001, should be amended before a draft Order is laid before the House.

2

Proceeds of Crime Bill,Mr John McWilliam reported from Standing Committee B, That it had gone through the Proceeds of Crime Bill, and made Amendments thereunto.

Bill, as amended in the Standing Committee, to be considered to-morrow; and to be printed [Bill 91].

Office of Communications Bill [Lords],Mr Roger Gale reported from Standing Committee E, That it had gone through the Office of Communications Bill [Lords], and made an Amendment thereunto.

Bill, as amended in the Standing Committee, to be considered to-morrow.

Minutes of Proceedings of the Committee to be printed [No. 607].

4

Third Standing Committee on Delegated Legislation,Mr James Cran reported from the Third Standing Committee on Delegated Legislation the draft Industrial Training Levy (Construction Board) Order 2002 and the draft Industrial Training Levy (Engineering Construction Board) Order 2002.

Private Hire Vehicles (Carriage of Guide Dogs etc) Bill,The Order for reading the Private Hire Vehicles (Carriage of Guide Dogs etc) Bill a second time on Friday 15th March was read and discharged.

Bill to be read a second time on Friday 19th April.

7

Museums,A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to clarify the respective responsibilities of trustees and the Secretary of State in terms of international co-operation and the exchange of cultural objects between museums(Mr Edward O'Hara);

And the Motion being opposed, after a brief explanatory statement from the Member who made the Motion and from a Member who opposed it, the Deputy Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business):It was agreed to.

Museums Bill,Mr Edward O'Hara accordingly presented a Bill to clarify the respective responsibilities of trustees and the Secretary of State in terms of international co-operation and the exchange of cultural objects between museums: And the same was read the first time; and ordered to be read a second time on Friday 12th April and to be printed [Bill 92].

9

Education Bill [1st allotted day],The House, according to Order, proceeded to consider the Education Bill, as amended in the Standing Committee.

An Amendment [without notice] proposed to the Question, in line 3, to leave out the words new Clauses relating to Part 3' and insert the words New Clauses Nos. 1 and 2, New Clause No. 18, New Clauses Nos. 3 and 4, New Clauses Nos. 7 to 9, New Clause No. 12', instead thereof.(Mr Stephen Timms.)

A Clause (Power of LEA to innovate without permission of the Secretary of State)(Mr Phil Willis)brought up, and read the first time.

Question proposed, That the Clause be read a second time:Clause, by leave, withdrawn.

Another Clause (Power of school to innovate without permission of the Secretary of State (No. 2))(Mr Phil Willis)brought up, and read the first time.

Question put, That the Clause be read a second time.

The House divided.

Tellers for the Ayes, Bob Russell, Annette Brooke: 164.

Tellers for the Noes, Angela Smith, Mr Graham Stringer: 315.

Ordered, That further consideration of the Bill be now adjourned.(Mrs Anne McGuire.)

Bill to be further considered to-morrow.

10

Estimates,A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 145 (Liaison Committee), That this House agrees with the Report [31st January] of the Liaison Committee(Mrs Anne McGuire):It was agreed to.

11

Adjournment,A Motion was made, and the Question being proposed, That this House do now adjourn(Mrs Anne McGuire);

And it being Ten o'clock, the Motion for the adjournment of the House lapsed, without Question put.

12

Adjournment,Resolved, That this House do now adjourn.(Mr Nick Ainger.)

Food Standards,(1) Report and Accounts of the Food Standards Agency for 200001, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 488] [Mr Secretary Milburn], and

(2) Consolidated Resource Accounts of the Food Standards Agency for 200001, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 594] [Mr Paul Boateng].

Northern Ireland Executive Agencies,Report and Accounts of the Compensation Agency for 200001, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 543] [Mr Secretary Reid].

6

School Standards and Framework,Accounts of the Dudley Education Action Zone for 19992000, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 591] [Clerk of the House].

7

School Inspections,Report of Her Majesty's Chief Inspector of Schools for 200001 [by Act]; to be printed [No. 500] [Secretary Estelle Morris].

8

Statutory Instruments (Notification),Communications declaring that the undermentioned Statutory Instruments had come into operation before copies were laid before Parliament, and explaining why such copies had not been so laid before the Instruments came into operation:

Treasury,Treasury Minute, dated 5th February 2002, concerning an extension to contingent liabilities undertaken, and a proposed contingent liability, in respect of the provision of third party (war and terrorism) insurance cover to UK operating airlines and the UK airline industry [by Command] [Ruth Kelly].

APPENDIX II

Standing Committees

1

National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 3) Regulations 2001 (S.I., 2001, No. 4043),The Committee of Selection has discharged Kali Mountford and Jon Trickett from the Fourth Standing Committee on Delegated Legislation (nominated in respect of the Regulations); and nominated in substitution Alan Keen and Dr Nick Palmer.

European Standing Committees

2

European Union Document No. 14130/01 relating to Fisheries: Total Allowable Catches and Quotas 2002, has been referred to European Standing Committee A in place of the unnumbered Explanatory Memorandum dated 5th December 2001, submitted by the Department for Environment, Food and Rural Affairs, which was referred on 12th December 2001.

APPENDIX III

Reports from Select Committees

1

Culture, Media and Sport,Minutes of Evidence taken before the Culture, Media and Sport Committee [Communications]; to be printed [No. 539-iii] [Mr Gerald Kaufman].

2

Deregulation and Regulatory Reform,Fifth Report from the Deregulation and Regulatory Reform Committee [The draft Deregulation (Restaurant Licensing Hours) Order 2002, The draft Deregulation (Bingo and Other Gaming) Order 2002 and the proposal for the Regulatory Reform (Golden Jubilee Licensing) Order 2002]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 599] [Mr Peter Pike].

3

Foreign Affairs,(1) Fourth Report from the Foreign Affairs Committee [Zimbabwe], together with Minutes of Evidence taken before the Committee and an Appendix; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 456]; and

(2) Minutes of Evidence taken before the Committee [Turkey]; to be printed [No. 606-i]

[Donald Anderson].

4

Home Affairs,Minutes of Evidence taken before the Home Affairs Committee [The Work of the Metropolitan Police Commissioner]; to be printed [No. 601] [Mr Chris Mullin].

5

International Development,Minutes of Evidence taken before the International Development Committee [The Effectiveness of the Reforms of European Development Assistance]; to be printed [No. 417-vi] [Tony Baldry].

6

Liaison,First Report from the Liaison Committee [The Work of the Select Committees 2001], together with Appendices; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 590] [Mr Alan Williams].

7

Scottish Affairs,Minutes of Evidence taken before the Scottish Affairs Committee on 4th February [Post-Devolution News and Current Affairs Broadcasting in Scotland]; to be printed [No. 549-iii] [Mrs Irene Adams].

8

Statutory Instruments,Eighteenth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 135-xviii] [Mr David Tredinnick].

9

Trade and Industry,Minutes of Evidence taken before the Trade and Industry Committee [Productivity and Competitiveness of UK Manufacturing Industry]; to be printed [No. 597-ii] [Mr Martin O'Neill].

10

Transport, Local Government and the Regions,(1) Third Report from the Transport, Local Government and the Regions Committee [Public Spaces: The Role of PPG 17 in the Urban Renaissance], with Appendices to the Minutes of Evidence taken before the Urban Affairs Sub-Committee of the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 238-I]; and

(2) Minutes of Evidence taken before the Urban Affairs Sub-Committee [Tall Buildings]; to be printed [No. 482-iii]

[Andrew Bennett].

11

Treasury,Minutes of Evidence taken before the Treasury Committee [The Role of the Practitioner Panel and the Consumer Panel of the Financial Services Authority]; to be printed [No. 600-i] [Mr John McFall].

12

Welsh Affairs,Third Special Report from the Welsh Affairs Committee [Social Exclusion in Wales: Response of the National Assembly for Wales to the Third Report from the Committee, Session 19992000]; to be printed [No. 604] [Mr Martyn Jones].

WESTMINSTER HALL

In pursuance of the Order of the House of 20th November 2000, the Speaker has approved 28th February, 21st March, 25th April, 16th May, 13th June and 11th July as days when the business to be taken in Westminster Hall shall be debates on select committee reports chosen by the Liaison Committee.

[No. 95; WH, No. 52.]

Tuesday 5th February 2002.

The House sitting in Westminster Hall [pursuant to Order of 20th November 2000].

The sitting commenced at half-past Nine o'clock.

Adjournment,Resolved, That the sitting be now adjourned.(Mr Brian Wilson.)